North councils face new CPO and EDP rules from 18 Feb
Planning rules are shifting on a tight timetable. Regulations signed on 18 December 2025 bring in new compulsory purchase powers, development corporation updates and the rollout of Environmental Delivery Plans. Some provisions began the day after signing, with the main changes landing on 18 February 2026. For councils and developers from Carlisle to Kirklees, that sets the programme for 2026 regeneration.
A headline change is conditional confirmation for compulsory purchase orders under the Levelling‑up and Regeneration Act 2023. Confirming authorities will be able to approve an order now but only switch powers on once named conditions are met. Ministers pitched this as a way to move stalled brownfield and town centre sites where landowners have promised alternative schemes but not delivered.
The conditional route applies to orders made or confirmed in England outside Welsh Minister cases and starts on 18 February. Transitional rules mean CPOs already advertised stick with the previous regime, avoiding mid‑process rule changes for authorities already in train.
On land entry, councils get faster General Vesting Declaration tools. Where land is unoccupied, dangerously neglected or no owner can be identified, the minimum wait can drop from three months to six weeks, subject to challenge and a duty to revert to three months if criteria aren’t met. A parallel route lets vesting be brought forward by agreement. This will matter on long‑running town centre assemblies across the North.
Paperwork is being tidied too. The content required in newspaper notices for CPOs is simplified, with regulation‑making powers live and full changes due with the February switch‑over. Earlier acquisitions authorised before the new vesting rules start are ring‑fenced by transitional wording in the instrument.
Alongside the land assembly changes, Natural England has been told to start preparing Environmental Delivery Plans. Each EDP will set out the features at risk, the conservation measures to be delivered, and charging schedules for a new nature restoration levy that developers can opt to pay to meet specific obligations. Public bodies carry a duty to co‑operate, with annual reporting from April.
For northern planning teams, this could replace some site‑by‑site ecological work with payments into a pooled fund, where the science shows the measures can meet the “overall improvement” test. Natural England says EDPs will be evidence‑led, geographically targeted and consulted on before sign‑off by the Secretary of State. Expect early drafts to surface in 2026.
Development corporations also get clearer powers from 18 February. Objectives on sustainable development, climate and good design are standardised across corporation types, and the list of infrastructure they can deliver is equalised. Overlaps between different corporation models are clarified, giving Mayoral and locally led bodies in places like Tees Valley and West Yorkshire a cleaner footing for 2026 schemes.
Nationally Significant Infrastructure Projects see process changes too. National Policy Statements must get a full review at least every five years, material updates face extra parliamentary steps, and judicial review routes are revised. With big energy and grid reinforcements heading north, those timetables will shape decision‑making.
For regeneration leads, three dates matter. If notices for your CPO went out before the February change, the old rules still apply. Plan to use conditional confirmation and the new vesting tools from 18 February. Then look out for Natural England’s first statutory EDP report after 1 April. Early communication with landowners and residents will save time.
Local government voices are broadly pragmatic. The Local Government Association backs conditional confirmation to de‑risk CPOs and supports quicker vesting where appropriate, while pushing for more self‑confirmation powers and help to build in‑house CPO expertise. Northern authorities will want reform matched by resources if they’re to move at pace.
Environmental groups have warned that a levy‑based approach could weaken protections if mitigation happens far from the affected site. Ministers and Natural England argue the plans will be evidence‑led and targeted. Expect a lively debate when the first draft EDPs appear for consultation in northern areas.